Is it infringement to use products that infringe patent rights?
Patented products are protected by law, but in real life, many unscrupulous merchants counterfeit patented products, resulting in the same appearance and similar functions. Some people don't know that they have bought products that infringe patent rights. So, is the use of products that infringe patent rights an infringement? Bian Xiao gave you some advice. Is it infringement to use products that infringe patent rights? Article 63 of the Patent Law stipulates that if the same product, the same method or the necessary preparations for manufacture and use have been made before the date of patent application, and the manufacture and use continue within the original scope, it shall not be regarded as infringement of the patent right. Therefore, whether the use of a product that infringes the patent right is infringement depends on whether the user knows whether the product is infringement. The constitutive requirements of patent infringement include two aspects: formal conditions and substantive conditions. 1. The formal requirements mainly include: 1) The implementation behavior involves a valid China patent; 2) The implementation must be carried out without the permission or authorization of the patentee; 3) The implementation behavior must be aimed at production and operation. Whether the actor has subjective intention is not a formal requirement. But it can be used as a basis to measure the seriousness of the plot. 2, constitute the essential elements of patent infringement, that is, technical conditions, whether the substantive implementation behavior belongs to the scope of patent protection. 1) The technical features involved by the actor are all the same as the patent, which constitutes infringement; 2) The actor involves more technical features than patents, which also constitutes infringement; 3) The technical features involved by the actor are the same as the patent, but different technical features are equivalent to the patent, which still constitutes infringement; Otherwise, it does not constitute infringement. The equivalence of technical features here means that ordinary technicians in this technical field can infer that two technical features have the same effect after being replaced with each other. Patent infringement type 1, the act of manufacturing patented products without permission; 2. Intentionally using the patented product of invention or utility model; 3. Selling or promising to sell patented products without permission; 4. Use patented methods and use, sell or promise to sell products directly obtained according to patented methods; 5. The act of importing patented products or products directly obtained by patented methods; 6. The act of counterfeiting others' patents; 7. The act of counterfeiting patents. Is it infringement to use products that infringe patent rights? If you know that the product you bought is fake, you should refuse to use it and buy genuine products from yourself.